Governing Climate Change: General Principles and the Paris ... · “Acknowledging that change in the Earth's climate and its adverse effects are a common concern of humankind....”

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Governing Climate Change: General Principles and the

Paris Agreement

Jolene Lin

Associate Professor, NUS Law

Director, Asia-Pacific Centre for Environmental Law (APCEL)

[email protected]

mailto:[email protected]

+Outline

General Principles

1. Common Concern of Humankind

2. Common but differentiated responsibilities and respective

capabilities

3. Equity

The Paris Agreement (PA)

1. Objective

2. Key Provisions

The Clean Development Mechanism (CDM)

+Common Concern of Humankind

Framework for approaching global environmental concerns

Need for international cooperation/collective action

Related to, but distinct from, the principle of the common heritage of mankind

Common heritage of mankind: generally applies to geographic areas or shared natural resources

Common concern of humankind: generally applies to specific issues (eg: climate change, biological diversity)

General Principles - Paris Agreement - Clean Development Mechanism

+Common Concern of Humankind

Preamble, Convention on Biological Diversity: “Affirming that the

conservation of biological diversity is a common concern of

humankind.”

Preamble, United Nations Framework Convention on Climate Change:

“Acknowledging that change in the Earth's climate and its adverse

effects are a common concern of humankind....”

Preamble, PA: “Acknowledging that climate change is a common

concern of humankind, Parties should, when taking action to address

climate change, respect, promote and consider their respective

obligations on human rights, the right to health, the rights of

indigenous peoples, local communities, migrants, children, persons

with disabilities and people in vulnerable situations and the right to

development, as well as gender equality, empowerment of women and

intergenerational equity.”


+Common but differentiated responsibilities and

respective capabilities

Core idea: Leadership from developed countries + differential treatment for developing countries is the fair and appropriate basis for structuring the international climate change legal regime

Contestation: Nature and Extent of Differentiation

Kyoto Protocol-style “developed versus developing” bifurcation rejected

CBDRRC is operationalized differently in the Paris Agreement:

1. Additional phrase: “in light of different national circumstances” –increases the range of factors that can serve as basis for differentiation

2. Each PA article takes a slightly different approach to differentiation

3. Core obligations for all parties


+Equity

Often used interchangedly with CBDRRC

Difference: Equity is a wider concept

Includes arguments based on justice, fairness and

redistribution

Inter-generational equity

Intra-generational equity

Paris Agreement: first time human rights are recognized

in a climate treaty


+Objective of the PA (Art. 2)

Holding temperature increase to “well below” 2°C above pre-industrial levels, while making efforts to stay below 1.5°C

Increasing the ability to adapt

Transform finance flows towards low-GHG emissions and climate-resilient development


+Article 3

All Parties to take and

communicate “ambitious efforts” and demonstrate “progression

over time”

Mitigation

(Art.4)

Adaptation

(Art. 7)

Finance

(Art. 9)

Technology

(Art. 10)

Capacity

(Art. 11)

Transparency (Art. 13)


Key Provisions

+Article 4 (Mitigation)

Opens with the long-term goal for mitigation: achieve the Article 2 temperature goal with net zero carbon emissions by 2050

Nationally determined contributions (NDCs) are central to the PA

An NDC is a state’s climate action plan

Legal expectation that an NDC reflects a state’s “highest possible ambition” and that the NDC “will represent a progression” over time

All parties to submit NDCs every 5 years and to formulate long-term low GHG emission development strategies

Relationship with the global stock take (Art 14)


Key Provisions

+Article 7 (Adaptation)

PA gives adaptation new level of prominence

“[G]lobal goal on adaptation”: “ensuring an adequate adaptation

response in the context of” the Art. 2 temperature goal

Parties’ adaptation actions should be country-driven, gender-

responsive, transparent, based and guided by best available science

and traditional knowledge

Arts. 7.2 and 7.4: Recognition of the relationship between mitigation and

adaptation

Adaptation communication, inclusion of adaptation actions in NDCs

Global Stocktake shall recognize adaptation efforts and review

adequacy of adaptation and support provided for adaptation


Key Provisions

+Article 13 (Transparency)

Purpose of the transparency framework for action: “to build

mutual trust and confidence”, track progress towards

achieving NDCs, and inform global stocktake

Purpose of the transparency framework for support: track the

amount of support provided and received; provide overview of

aggregate financial support

Each party shall provide national GHG emissions inventory

report on regular basis (Art. 13(7)(a))

Each party shall provide information necessary to track

progress in implementing and achieving NDC (Art. 13(7)(b))

Developed country parties shall provide information on

financial, technology transfer and capacity-building support


Key Provisions

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Article 13 (Transparency)

Differentiation: “Support shall be provided to developing

countries” to implement this Article and for building

transparency-related capacity

Differentiation: transparency framework “with built-in

flexibility which takes into account Parties’ different

capacities”

Detailed guidance (“common modalities, procedures and

guidelines”) currently under development


Key Provisions

+Kyoto Protocol’s Clean

Development Mechanism

Developing Country (Non- Annex I)

Developed Country

(Annex I; emissions

reduction target)

Carbon credits (CERs)

Money


+Article 6(4) of Paris Agreement

Main idea: Country X hosts a mitigation activity that

supports sustainable development and accrues carbon

credits, which may be used by Country Y to achieve its NDC.

Some differences between Art 6(4) mechanism and Kyoto

Protocol’s CDM:

1. Both developed and developing countries may host

projects and use mitigation outcomes to achieve their

NDCs

2. Art (4) provides for different levels of aggregation of

activities (eg: individual projects grouped as a program;

economic sectors)


+Article 6(4)


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The End

Documents

Governing Climate Change: General Principles and the Paris ... · “Acknowledging that change in the Earth's climate and its adverse effects are a common concern of humankind....”